An employee who qualifies for disability according to https://adata.org/factsheet/reasonable-accommodations-workplace is entitled to reasonable accommodation from an employer. Unfortunately, some employers reject valid requests for reasonable accommodation. An employer may or may not have a reason. If it happens to you, there is a need to know the reason and find possible remedies.
What Causes Employers to Deny Reasonable Accommodation?
Employers can sometimes deny reasonable accommodation requests because of certain factors (https://askjan.org/publications/consultants-corner/Your-Accommodation-Request-Was-Denied-What-Now.cfm).
Someone can interpret the reasons as sensible or mere disregard of the request, but they happen. For instance, an employer might need more information on:
• Your disability
• How your restrictions or limitations affect the capacity to perform essential duties at the workplace.
Lack of Merit
Another reason that employers use for denial is that the requested accommodation is not reasonable or will make the employer undergo undue hardship. It is possible to be empowered and change the outcome by asking for specific reasons that made an employer deny accommodation. For instance, you can explore if there are alternative effective and reasonable accommodations.
Lack of written request
Some employer has a policy requiring a formal application for reasonable accommodations for them to read and fully understand the physical limitations of the applicant. In the absence of a written or formal request, a supervisor or employer can fail to provide a reasonable obligation until the person living with a disability communicates according to the procedure. It might seem like a violation, especially for persons with medical conditions that affect a particular capacity or confine people to a wheelchair. Still, it pays to write a formal request. A formal request obliges the concerned party to respond formally if they deny the requested obligation and state their reasons.
Lack of facility
Employers may fail to consider a request for accommodation if an employee requests for something they do not understand or has not been used by their organization. However, such denial should not be permanent. It lays the responsibility of investigation and checking possible accommodations on the employer.
Action To Take For Denied Reasonable Accommodation
Pursue an interactive process under disability association if an employer is withholding the reason for denying reasonable accommodation. There is no requirement for covered employers to explain denying reasonable accommodation, but nothing prohibits an employee from asking for reasons. In a place like the US, federal executive branch agencies may expect a written denial. This is according to Executive Order 13164 (htts://www.govinfo.gov/content/pkg/FR-2000-07-28/PDF/00-19323.PDF#page=1).
A request for why an employer denied an accommodation request helps determine whether there should be any recourse. A good strategy is to follow up with an employer by emailing a request for information on denial of reasonable accommodation. It helps to formalize the request ad get a documented response that you can use to pursue legal action.
An employer who refuses to grant reasonable accommodation to a qualified worker is violating that person’s rights. An employee can hire a lawyer to take legal action that progresses to a claim for compensation or other remedies depending on the plaintiff’s interests.
There is no time limit to provide a reasonable accommodation, but delaying requests may lead to claim against employers. A disabled employee might have challenges working without reasonable accommodation, so employers should implement the request quickly.
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